Tribunal regarding its liability and seeking interpretation of Section 64-VB of the Insurance Act, along with the provisions of Motor Vehicles ... this connection he made reference to the provisions of Section 64-VB of the Insurance Act. Mr. Kambeyanda submitted that it confers power and discretion
Assistant Administrative Officer of the Insurance
Company and Section 64-VB of the Insurance Act, 1938, the learned
Tribunal arrived at the following conclusion ... months after
the accident. I have also gone through the
Section 64 VB in the Insurance Act 1938 it
reads as under:-
"No risk
same date. He submitted that in view of Section 64-VB of the Insurance Act, the Insurance Company is debarred from covering any risk prior ... which leads to the same result. It is based on Section 64-VB of the Insurance Act. Relevant part of the Section reads:-
"64
received by the insurer in accordance with the provisions of Section 64 VB (2) of the Act. (f) "Discontinuance" means the state of a policy
policies mentioned hereunder the requirements of sub-section (1) of section 64-VB shall stand relaxed to the extent and in the manner mentioned against
indeed been received on 16/04/2015.
10. According to Section 64-VB(2) of the Insurance Act, 1938:-
"For the purposes of this ... Company would be liable to pay compensation in view of Section 64-VB(2)
of the Insurance Act, 1938.
13. In the case of National
also tried to rely upon the provisions of Section 64-VB of the Insurance Act, 1938 and the provisions of Section ... Supreme Court in support of his contention. The provisions of Section 64-VB of the Insurance Act are as follows:
"64-VB. No risk
contract between the Insurer and the Insured as required by Section 64 VB of the Insurance Act, the Court cannot act upon the cover note ... above decisions directly arising out of the interpretation of Section 64-VB, the submission is that the view taken by the Tribunal fastening the liability
appellant denied the claim asserting that under the terms of
Section 64-VB of the Insurance Act, 1938, no risk was
assumed by an insurer ... Jitender Sharma, learned counsel for the appellant,
relied upon Section 64-VB of the Insurance Act. It reads
thus:
''64-VB. No risk
contract and that is all what is recognised by
section 64-VB of the Insurance Act. The insurer was
justified in repudiating the contract ... argument
addressed on behalf of the insurance company based on
section 64- VB of the Insurance Act also does not hold good.
There was nothing
